The Federal High Court in Abuja has stopped the Independent National Electoral Commission, INEC from prosecuting the suspended Adamawa State Resident Electoral Commissioner, REC, Hudu Yunusa-Ari, over his declaration of the All Progressives Congress, APC Governorship candidate, Aisha Dahiru Binani, as winner of the April 15 supplementary election.
Justice Donatus Okorowo gave the order after Michael Aondoakaa, SAN, who is counsel to Binani moved ex-parte motion to the effect. In the suit, the APC candidate in the election sued INEC and Attorney-General of the Federation as respondents.
While moving the motion on Monday, citing section 149 of the Electoral Act, 2022, Aondoakaa argued that until the Election Petitions Tribunal decides his client’s fate, the prosecution of Yunusa-Ari cannot be valid.
He said the decision of INEC to file an action against any person involved in Binani’s declaration as winner of the supplementary poll in the state when the Tribunal is yet to determine the petition of his client would deprive her of section 285(6) of the law which gives 180 days within which the petition filed on May 6 should be dispensed with.
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After listening to Aondoakaa, Justice Okorowo ordered the parties to maintain the status quo pending the hearing and determination of the matter.
While adjourning the matter to July 18, the court also ordered the respondents to show cause while the reliefs sought by Binani should not be granted
(Editor: Terverr Tyav)